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detenu

detention order under COFEPOSA
Case BriefsSupreme Court

‘Failure in furnishing documents & delay in deciding detenu’s representation violates Art. 22(5)’: SC quashes detention order under COFEPOSA

“In the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”

Published on September 13, 2024September 18, 2024By Deeksha
1 Comment1792 views
Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

Service of grounds of detention in language understood by detenu is a crucial Constitutional Right: J&K High Court

“Communication means imparting to the petitioner sufficient and effective knowledge of the facts and circumstances on which the order of detention is passed and such communication in such language which the petitioner understands.”

Published on August 16, 2024August 21, 2024By Ritu
Leave a comment1567 views
jharkhand high court
Case BriefsHigh Courts

Detenu may be hardened criminal or a smuggler, but Constitution mandates decision on representation without any delay: Jharkhand High Court

Jharkhand High Court rejected any justification on part of the State regarding delay of at least 50 days on the ground that the matter was ‘under the process’.

Published on July 19, 2023July 27, 2023By Ridhi
Leave a comment1741 views
allahabad high court
Case BriefsHigh Courts

Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers

Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.

Published on June 7, 2023June 14, 2023By Apoorva
1 Comment4628 views
madras high court
Case BriefsHigh Courts

Madras High Court directs Tamil Nadu Bar Council to initiate disciplinary action against Advocates issuing fake marriage certificates

Madras High Court opined that this is a fit case to refer the matter to the Bar Council of Tamil Nadu to initiate disciplinary action against the advocates who performed the marriage.

Published on May 11, 2023May 12, 2023By Apoorva
1 Comment12508 views
Manipur High Court
Case BriefsHigh Courts

Manipur High Court directs the State Authority to pay compensation of Rs. 50,000 to a detenu who was illegally detained for a period of 13 days in a drug trafficking case

The Manipur High Court directed the State Authority to pay Rs. 50,000 to the detenu as compensation for his illegal detention in a drug trafficking case.

Published on March 4, 2023March 8, 2023By Simranjeet
Leave a comment2457 views
Case BriefsSupreme Court

National Security Act| Delay in considering representation; non-communication of rejection strike at the heart of fundamental rights of detenu: SC

“Preventive detention in independent India is to be exercised with utmost regard to constitutional safeguards.”

Published on November 1, 2021November 4, 2021By Prachi Bhardwaj
1 Comment4468 views
Op EdsOP. ED.

Whether the Authority under COFEPOSA can Rely on Section 123 of Customs Act, 1962?

by Vijay Shekhar Jha†

Published on October 29, 2021October 28, 2021By Editor
Leave a comment4967 views
Case BriefsHigh Courts

Telangana HC | If consequences of an offence are suffered at a different place than the place where offence occurred, which Court will have jurisdiction for trial of case? HC explains

Telangana High Court: The Division Bench of Raghvendra Singh Chauhan, CJ and Vijaysen Reddy, J., observed that if the consequences of an offence

Published on December 1, 2020December 11, 2020By Bhumika Indulia
Leave a comment4209 views
Case BriefsHigh Courts

J&K HC | ‘Subjective satisfaction of a detaining authority to detain a person is not open to objective assessment by a Courtʼ; Writ Petition dismissed 

Jammu and Kashmir High Court: Tashi Rabstan, J., while dismissing a criminal writ petition seeking to challenge the grounds preferred for detention,

Published on October 8, 2020October 9, 2020By Editor
Leave a comment4098 views
Case BriefsHigh Courts

J&K HC | Failure to cite in detention order about detenue’s right to make representation amounts to infraction of right guaranteed under Art. 22(5) and S. 13 of J&K Public Safety Act

Jammu and Kashmir High Court: Ali Mohammad Magrey, J. quashed the detention order and allowed the petition as the Detaining Authority had

Published on August 24, 2020August 28, 2020By Editor
Leave a comment1953 views
Case BriefsHigh Courts

Madras HC | Decriminalization of Politics: Why Centre has not enacted law as suggested by Supreme Court to prohibit persons facing criminal cases to enter into political stream?

Madras High Court: A Division Bench of N. Kirubakaran and V. Velumani, JJ., while addressing the present petition observed that, “Indian Democracy

Published on August 24, 2020August 28, 2020By Bhumika Indulia
Leave a comment2976 views
Case BriefsHigh Courts

J&K HC | HC does not sit in appeal over decision of detaining authority and cannot substitute its own opinion, when grounds of detention are precise & relevant

Jammu and Kashmir High Court: Tashi Rabstan J., in a matter relating to preventive detention declined to provide opinion over that of

Published on February 11, 2020February 20, 2020By Bhumika Indulia
Leave a comment2202 views
Case BriefsHigh Courts

J&K HC | Preventive detention quashed for non-supplying of the material relied upon by detaining authority

Jammu and Kashmir High Court: Ali Mohammad Magrey, J. quashed the detention order of Masood Ahmad Bhat while directing for his release

Published on September 27, 2019October 4, 2019By Bhumika Indulia
Leave a comment2172 views
Case BriefsHigh Courts

J&K HC | Preventive detention: An invasion to personal liberty guaranteed under Art. 21 – therefore order must be passed after following procedural safeguards

Jammu and Kashmir High Court: Rashid Ali Dar, J. set aside the detention order passed by respondent 2-District Magistrate, Baramulla and ordered

Published on June 26, 2019July 5, 2019By Bhumika Indulia
Leave a comment2912 views
Case BriefsHigh Courts

J&K HC | Preventive detention order when accused already in custody cuts down the roots of State Act affecting the course of legal procedure; detention order quashed

Jammu & Kashmir High Court: In this petition filed before Rashid Ali Dar, J., an order passed by District Magistrate, Baramulla was

Published on May 18, 2019May 23, 2019By Bhumika Indulia
1 Comment2749 views
Case BriefsHigh Courts

J&K HC | Failure to communicate ground of detention to detenu is denial of Constitutional right under Art. 22(5); detenu to be released

Jammu & Kashmir High Court: This Habeas Corpus petition was filed before the Bench of Ali Mohammad Magrey, J., for quashing of

Published on May 8, 2019May 9, 2019By Bhumika Indulia
Leave a comment2064 views
Case BriefsHigh Courts

Conjugal Visit– Parole granted to life convict |Man is a social animal, he needs a family as well as a society to live in|

Madras High Court: A Division Bench comprising of C.T. Selvam and S. Ramathilagam, JJ. ordered parole of two weeks to a life-convict in

Published on December 3, 2018December 18, 2018By Bhumika Indulia
2 Comments4558 views
Case BriefsHigh Courts

Law of preventive detention: A tool to be used sparingly

Jammu & Kashmir High Court: A Single Judge Bench of H.K. Hanjura, J., allowed a Writ Petition filed against the order of

Published on October 3, 2018October 4, 2018By Bhumika Indulia
Leave a comment2316 views
Case BriefsSupreme Court

Habeas Corpus petition not maintainable in respect of person in police custody under lawful Magisterial order: SC

Supreme Court: The Bench of CJ Dipak Misra and A.M. Khanwilkar and Dr D.Y. Chandrachud, JJ. allowed an appeal filed against the

Published on September 6, 2018September 10, 2018By Bhumika Indulia
Leave a comment5380 views

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